UNITED STATES v. MOTLEY

Nos. 80-1731, 80-1732.

655 F.2d 186 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Glenn MOTLEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael Lee MUSICK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1981.

Rehearing Denied October 7, 1981.

As Modified on Denial of Rehearing January 11, 1982.


Attorney(s) appearing for the Case

David McNeil Morse, San Francisco, Cal., for Motley.

Charles Gretsch, San Francisco, Cal., for Musick.

Sanford Svetcov, Asst. U. S. Atty., San Francisco, Cal., for United States.

Before DUNIWAY and NORRIS, Circuit Judges, and HANSON, District Judge.


NORRIS, Circuit Judge:

Appellants Musick and Motley were two of many defendants tried in the vast Hells Angels RICO (drug) conspiracy trial of the winter of 1979 and the spring of 1980. After nine months of trial and three weeks of deliberation, the jury was unable to reach a verdict. A mistrial was declared on defendants' motion and over the government's objection. After the mistrial, the government obtained a superseding indictment against both Musick and Motley...

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